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Law / United States / California / Berkeley

Prohibition on the Sale or Use of Coordinated Pricing Algorithms

Berkeley Municipal Code ch. 13.63

In force since .

An AI prohibited practices rule binding private bodies.

How the hook was established
express
What it reaches
supply
What makes it apply
Operator establishment, Place of effect
Obligation class
Prohibition
Audit expectation
none

What it requires

  • Do not sell, license, or otherwise provide to a Berkeley landlord any coordinated pricing algorithm that uses competitor rent or occupancy data to set or recommend rents or occupancy levels for a residential unit in Berkeley

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Private right of actionYes

Penalty structure

Civil penalties of up to $1,000 per violation, sought by the City Attorney under section 13.63.040(A) or by an aggrieved tenant under section 13.63.040(B). Each month a violation exists or continues, and each dwelling unit for which a landlord used the algorithm, is a separate violation under section 13.63.030.

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
1,000

Who enforces it

Enforcement body

The City Attorney, by civil action under section 13.63.040(A); an aggrieved tenant, by private civil action under section 13.63.040(B) for a landlord's use of a coordinated pricing algorithm.

Settledness

As of
Open questions
What counts as conducting market research for project financing under the exclusion in Berkeley Municipal Code 13.63.020(A), when the same product also reports rents to a Berkeley landlord?

What it makes you log

Logging duty

The chapter prohibits selling or using a coordinated pricing algorithm and sets civil remedies for a violation. It states no duty to create, keep, or produce on demand any record of rents set, algorithms used, or data shared.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

It is unlawful to sell, license, or otherwise provide to a Berkeley landlord a coordinated pricing algorithm, a category that includes software using competitor rent or occupancy data, that sets or recommends rents or occupancy levels for a residential unit, and separately unlawful for a landlord to use such an algorithm. Each month of use and each affected unit is a separate violation.

The City Attorney or an aggrieved tenant may sue for damages, injunctive relief, or civil penalties of up to $1,000 per violation.

When LexLint raises it

When your app profile says your app makes housing decisions.

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